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My husband to 24,000.00 dollar on my credit card using the…

My husband to 24,000.00...

My husband to 24,000.00 dollar on my credit card using the balance transferred checks that came in the mail. I was in the hospital so he illegally signed my name. What are my option legally to obtain this monies I then found out that he somehow called and cancelled all mail correspondence from this company. I don't think he knew that they would send me a fedx to verify this request. I also purchased a car within our marriage and all paper work and title are in my name is ***** ***** to get half of the monies from car. Thank you.

Lawyer's Assistant: What state is this in? And how old is the car?

PA

Lawyer's Assistant: Has anything been filed or reported?

Not yet

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No thanks

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Customer reply replied 1 month ago
When am I going to get some advice?
Answered in 7 hours by:
3/7/2018
Bill Attorney
Category: Legal
Satisfied Customers: 2,044
Experience: Attorney
Verified

Dear Customer ,

Thank You for your question . I'm attorney Bill following up on your request.

Signing your name not under your direction and request to obtain the balance transfers is a forgery crime that can be reported to law enforcement for prosecution.

You could also sue civilly your husband for illegally taking this from your account if this is separate and not marital property.

This would be in the form of a civil bill.

In relation to the car, this will depend whether you purchased the car from joint-property or your own separate property.

The distinction upon marital separation depends on the classification of whether all property is marital or separate property.

It is covered under the following:

"

§ 3501. Definitions.

(a) General rule.--As used in this chapter, "marital property" means all property acquired by either party during the marriage and the increase in value of any nonmarital property acquired pursuant to paragraphs (1) and (3) as measured and determined under subsection (a.1). However, marital property does not include:

(1) Property acquired prior to marriage or property acquired in exchange for property acquired prior to the marriage.

(2) Property excluded by valid agreement of the parties entered into before, during or after the marriage.

(3) Property acquired by gift, except between spouses, bequest, devise or descent or property acquired in exchange for such property.

(4) Property acquired after final separation until the date of divorce, except for property acquired in exchange for marital assets.

(5) Property which a party has sold, granted, conveyed or otherwise disposed of in good faith and for value prior to the date of final separation.

(6) Veterans' benefits exempt from attachment, levy or seizure pursuant to the act of September 2, 1958 (Public Law 85-857, 72 Stat. 1229), as amended, except for those benefits received by a veteran where the veteran has waived a portion of his military retirement pay in order to receive veterans' compensation.

(7) Property to the extent to which the property has been mortgaged or otherwise encumbered in good faith for value prior to the date of final separation.

(8) Any payment received as a result of an award or settlement for any cause of action or claim which accrued prior to the marriage or after the date of final separation regardless of when the payment was received."

We are here to help so please follow up with me until you have a solution.

In return your positive rating is what gives me a credit for my time.

You do this by rating 5*****, 4**** or better.

FIVE STARS or your rating is much appreciated.

Thanks

Attorney Bill

Bill Attorney
Category: Legal
Satisfied Customers: 2,044
Experience: Attorney
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Customer reply replied 1 month ago
Is this a felony

Yes 2nd degree felony

"

§ 4101. Forgery.

(a) Offense defined.--A person is guilty of forgery if, with intent to defraud or injure anyone, or with knowledge that he is facilitating a fraud or injury to be perpetrated by anyone, the actor:

(1) alters any writing of another without his authority;

(2) makes, completes, executes, authenticates, issues or transfers any writing so that it purports to be the act of another who did not authorize that act, or to have been executed at a time or place or in a numbered sequence other than was in fact the case, or to be a copy of an original when no such original existed; or

(3) utters any writing which he knows to be forged in a manner specified in paragraphs (1) or (2) of this subsection.

(b) Definition.--As used in this section the word "writing" includes printing or any other method of recording information, money, coins, tokens, stamps, seals, credit cards, badges, trademarks, electronic signatures and other symbols of value, right, privilege, or identification.

(c) Grading.--Forgery is a felony of the second degree if the writing is or purports to be part of an issue of money, securities, postage or revenue stamps, or other instruments issued by the government, or part of an issue of stock, bonds or other instruments representing interests in or claims against any property or enterprise. Forgery is a felony of the third degree if the writing is or purports to be a will, deed, contract, release, commercial instrument, or other document evidencing, creating, transferring, altering, terminating, or otherwise affecting legal relations. Otherwise forgery is a misdemeanor of the first degree.

(Dec. 16, 2002, P.L.1953, No.226, eff. 60 days)"

Thank You for your positive feedback

Attorney Bill

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Customer reply replied 1 month ago
Could this get jail time or not be able to pass background check for spending times at school

Yes as a misdemeanor 1st degree allows sentencing for up to 1 year and forgery in the first degree is a felony.

Convictions show in the background check if one of convicted of the crime.

Thank You for posting your feedback

Attorney Bill

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